Criminal Justice News

Wednesday, May 28, 2014

New York City Police Department Officer Arrested On Fraud And Identity Theft Charges

Tuesday, May 27, 2014

Preet Bharara, United States Attorney for the Southern
District of New York, Robert T. Johnson, the District Attorney for Bronx
County, George Venizelos, the Assistant Director-in-Charge of the New York
Field Office of the Federal Bureau of Investigation (“FBI”), and William J.
Bratton, Commissioner of the New York City Police Department (“NYPD”),
announced today the arrest of JOHN L. MONTANEZ, a police officer with the NYPD,
on charges of access device fraud, mail fraud, and identity theft. MONTANEZ was
arrested this morning at his residence in the Bronx, New York, and presented
this afternoon in Manhattan federal court before U.S. Magistrate Judge Sarah
Netburn.

Manhattan U.S. Attorney Preet Bharara said: “As alleged,
Police Officer John Montanez not only violated his oath to uphold the law, but
actively broke it when he himself engaged in fraud and identity theft.
Corruption undermines the public’s confidence in law enforcement, particularly
so when a police officer, out of greed, allegedly uses his position of
authority not to stop crime, but to help commit more crime. I want to thank our
partners at the Bronx District Attorney’s Office, the FBI, and the NYPD for
their work in this important case.”

Bronx County District Attorney Robert T. Johnson said:
“Police officers are sworn to uphold the laws, and it is most disturbing when
those whose purpose is to combat crime instead engage in identity theft that
not only victimizes the public, but also their fellow officers. This office
will continue to work to prosecute these crimes with all due diligence.”

FBI Assistant Director-in-Charge George Venizelos said: “As
a police officer Mr. Montanez was charged with enforcing the law. He was also
rightfully expected to abide by the very laws he enforced. Today’s complaint
tells a different story. We’ll continue to work with the New York City Police
Department to investigate corruption wherever we find it.”

NYPD Commissioner William J. Bratton said: “These charges
evidence not only a significant breach of trust and abuse of authority but also
serious criminal conduct on the part of a public servant. I commend the
well-coordinated efforts of the federal and state prosecutors, the FBI and our
Internal Affairs Bureau in developing this case.”

According to the allegations contained in the Complaint
unsealed today in Manhattan federal court:

In 2011, an individual, who subsequently agreed to cooperate
with law enforcement, and who is referred to in the Complaint as the “CW,”
informed MONTANEZ that the CW had a suspended and/or revoked driver’s license.
In response, MONTANEZ offered to provide the CW with the name and driver’s
license number of a real person – so that if the CW were stopped by law
enforcement, the CW could pretend to be someone else – in return for electronic
items that the CW would purchase for MONTANEZ with fraudulently obtained or
stolen credit cards. After that, in return for the CW purchasing merchandise
for MONTANEZ, and providing to MONTANEZ credit card/debit card numbers that
MONTANEZ understood were stolen or fraudulently obtained, MONTANEZ provided to
the CW multiple names, dates of birth, and driver’s license identification
numbers of other people. One such person, referred to in the Complaint as
“Victim-1,” was a fellow police officer with the NYPD, serving in the same
precinct as MONTANEZ.

The CW was arrested in June of 2013 and later began
recording meetings with MONTANEZ in connection with the CW’s cooperation with
law enforcement. During these meetings, MONTANEZ offered to provide additional
identities to the CW in return for merchandise purchased with credit cards that
MONTANEZ believed that the CW had stolen or fraudulently obtained. In one
recorded meeting between the CW and MONTANEZ, MONTANEZ explained to the CW that
the CW should feel comfortable pretending to be Victim-1, stating, “It’s the
best, cleanest, guaranteed name you can ever have.” In another
consensually-recorded meeting between the CW and MONTANEZ, in connection with
discussing the CW looking to obtain from MONTANEZ additional names and/or
personal identification information of other persons, MONTANEZ stated, “I can
go into the precinct in plain clothes. It’s going to take me a couple of
minutes. I can go inside, and do whatever.” During one consensually-recorded
meeting, MONTANEZ also stated: “I’m not the cop you think I am. I am a piece of
s***.”

MONTANEZ, 28, is charged with one count of access device
fraud, one count of mail fraud, and one count of aggravated identity theft. He
faces a maximum sentence of 32 years in prison, with a mandatory minimum term
of two years in prison. The maximum potential sentence in this case is
prescribed by Congress and is provided here for informational purposes only, as
any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the investigative work of the Bronx
County District Attorney’s Office, the FBI, and the NYPD Internal Affairs
Bureau. Mr. Bharara noted that the investigation is ongoing.

The case is being handled by the Office’s Public Corruption
Unit. Assistant U.S. Attorney Daniel C. Richenthal is in charge of the
prosecution.

The charges contained in the Complaint is merely an
accusation and the defendant is presumed innocent unless and until proven
guilty.